Posted: 6/21/05
Court of appeals overturns parental rights ruling
By David Heiller
Argus News Editor
The Minnesota Court of Appeals has overturned a ruling by Third District Court Judge James Fabian terminating the parental rights of Rickey George of Violet Hills, Arkansas.
The two children, ages four and two, will remain in foster care until a complete investigation and case plan can be completed.
The time frame for doing those things is uncertain, both attorneys said.
Georgeís appeal was presented on April 21 by his court-appointed attorney, Kurt Knuesel of Winona. Knuesel said the court erred by identifying five statutory bases for termination: abandonment, neglect of parental duties, palpable unfitness, failure to correct conditions that led to out-of-home placement, and children neglected and in foster care.
Here is a breakdown of the June 14 appeals court ruling for each statutory basis
ï Abandonment: The appeals court said it wasnít supported by substantial evidence. George did not visit his children for 10 months, from September 2003 to June 2004, but he was a resident of Arkansas then, and was cooperating with a home study with the Interstate Compact for the Placement of Children.
ï Neglect of parental duties: The childrenís pediatrician testified that George was very involved and took primary responsibility for their medical care until they left Arkansas. His home there was found to be clean and appropriate for children.
ï Palpable unfitness: This point centers on whether a parent has the capacity to parent or improve his parenting skills. The district court found that George had engaged in ìbizarre, threatening and inappropriate behavior,î and that he had difficult relationships with county workers and the childrenís foster parents. But a psychologist, a doctor, and a counselor gave mostly positive comments about George and his parenting skills. The psychologist said George would benefit from 6-12 months of anger management counseling, which would likely improve his parenting skills.
ï Failure to correct conditions: The district courtís findings seemed to be based on frustration with Georgeís defiance and manipulation of the system ìand his abusive conduct toward county staff.î George refused anger management counseling, but the county ìfailed to pursue a referral to anger management counseling. This contradicts the district courtís findings that the county made reasonable efforts to rehabilitate appellant.î
ï Child neglected and in foster care: The county failed to pursue the referral for anger management counseling.
ï Best interest: Georgeís attempts to obstruct county efforts is troubling, as is the countyís failure to fully research his mental health history, follow through on anger management counseling, and offer evidence on the effect of Georgeís behavior on the parent-child relationship.
Attorney disappointed
Houston County Assistant Attorney Susan Harnack argued the case for the county. She said on June 16 that George hadnít completed a case plan and he refused to do an anger management plan. ìCertainly again we will offer it,î she said.
George also isnít willing to disclose information to people who have done evaluations, Harnack felt.
ìHeís going to have to disclose past mental issues,î she said. ìWeíll have to follow up on that.î The county has tried to do that, but George hasnít cooperated well, Harnack said.
How long the process takes will depend on how he cooperates, she added. ìThat is what delayed things so much before, his ability to cooperate.î
Harnack said she was disappointed with the ruling. ìNot for myself but for the sake of those two young kids and their future.î
ìThe case is not over, and there still a lot of work to be done,î she said. ëItís not automatic that he just gets them back and itís not guaranteed that he gets them back either.î
The mother of the children moved to Houston County in the spring of 2003 to live with her sister in Houston. She has since voluntarily terminated her parental rights, but retains the right to visitation and contact. ìShe has been very faithful in that way. So they have consistency in their life with her,î Harnack said.
Attorney Knuesel said he is unsure of what the next step will be, because most of his energy has been focused on the appeal. The parties needs to regroup and determine where they should go, he said.
ìI think everyone deserves a chance and Iím glad heís getting his,î Knuesel said on June 16.
George made a public appeal to county commissioners about his case on January 11. His parental rights were terminated on November 2.
He has six harassment restraining orders against him, one of which includes county commissioners, who he cannot contact at their homes.
He has also been charged with harassment stalking, violating a harassment restraining order, obscene or harassing phone calls, disorderly conduct, making terroristic threats, driving without a valid Minnesota license, and fifth degree assault.
Caledonia Argus
314 West Lincoln St.
P.O. Box 227
Caledonia, MN 55921-0227
507/724-3475
E-Mail: editor.argus@ecm-inc.com